being charged - bail conditions

why bail is refused

If you are charged you should get legal advice as soon as possible.

Charged on summons: Police can release you to appear at court on a particular date. If you have been charged with a summary offence and you do not turn up to court on that date the court may adjourn the matter for an ex-parte hearing (i.e. without you being present) and may sentence you in your absence. It is usually in your best interest to attend to put forward any explanations or mitigating factors, as you are likely to get a harsher sentence if you're not there.

If you have been charged with an indictable offence and summonsed to attend court then you must go to court - the court needs you to give permission for the matter to be dealt with in the Magistrates' Court ('consenting to the jurisdiction'). Therefore, if you don't turn up the magistrate will issue a warrant for your arrest to ensure that you are brought before the court.

Charged and bailed: Police can release you on bail to appear at court on a later date. Bail is a promise by you that you will attend court on this date. There may also be some bail conditions that you have to comply with, such as reporting regularly to the police station. If you breach your bail conditions, you may be arrested and taken back to court.

If you are bailed to a court date and do not turn up, the court will issue a warrant for your arrest and you will be charged with 'failing to appear'.

Held on remand: In some situations police can refuse to release you on bail and you may be held on remand. If you are not released on bail, you will have the opportunity to do a bail application. If it is outside court hours, a Bail Justice will be brought into the police station. If a Bail Justice does not grant you bail, you are remanded to the next court date. A lawyer can advise you of whether you should make an immediate bail application or wait until there are more things set up (i.e. family at court, accommodation organised, linked in with doctors, etc).

It is important to realise that you only get 'one bite of the cherry' when applying for bail. You can apply for bail as many times as you like on your own, but once represented by a lawyer you can only re-apply if you can show the court that there are new facts and circumstances. Therefore, it is very important to think carefully about when is the best time to apply for bail. Sometimes it will be in your best interest to wait a day or two in order to get reports prepared, family members to come to court and housing organised, etc.

why bail is refused

Some of the reasons why you may be refused bail are that the court believes:

you will not appear at court for the hearing of your case;
you will commit more offences if released; or
you will endanger members of the public or interfere with witnesses.

The court will look at things like:

whether you are already on bail for other charges;
how serious the charges are;
your character, home situation, prior convictions; and
whether you have ever failed to answer bail in the past.

The court will also take into account factors such as whether:

you have somewhere to live;
you are using on a regular basis;
you are on methadone/buprenorphine; and
you are linked in with any support agencies.

It is important to be able to provide proof to the court - faxed letters are fine. If your offending seems to be 'out of control' the magistrate may refuse bail on the basis that you are an unacceptable risk. If you are charged with a serious offence (e.g. armed robbery) then you must 'show cause' to the court as to why you should be released on bail. If you can't present good reasons (e.g. a lack of prior convictions and a minor role in the offending, employment or family responsibilities, that you're linked in with support agencies, or have an illness etc.) then bail may be refused.

If bail is granted you must follow any conditions until the court hearing. If you don't go to court a warrant will be issued for your arrest. You will be charged with failure to appear.